Wash. Court of Appeals published opinion — 723448.pdf

Citation: Wash. Court of Appeals published opinion — 723448.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723448.pdf ↗

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reviews were the result of Mr. Allen's lobbying efforts" and documented "significant
             
No. 72344-8-1/10

unexpected limitations" regarding the investigation, including the refusal to answer

questions or provide "critical information due to perceived fear of retaliation."

[T]he "considerable and significant unexpected limitations" regarding his
investigation, which included: (a) "extraordinary delays and/or total
refusals" by various journeymen and their union representatives to meet
and/or answer specific questions concerning the various allegations", (b)
"refusal of witness to provide critical information due to perceived fear of
retaliation from other union members," (c) witnesses' fear of speaking
freely to Mr. Knox with the union representative present; and (d) refusal to
give specifics and details due to fear of being identified as the provider,
resulting in limited access and relationship with those who shared the
information with them.

The ALJ conducted an eight-day hearing from February 12 until June 25, 2013

on Swanson's whistleblower retaliation complaint. A number of witnesses testified at

the hearing including Swanson, Allen, Knox, Crew Chief Legere, and Crew Chief
Caddy. The ALJ admitted into evidence over 50 exhibits, including a May 23, 2013
supplemental investigative report of Knox.